Service of Notice of Motor Carrier Applications [43 Pa.B. 1062]
[Saturday, February 16, 2013]The following temporary authority and/or permanent authority applications for the right to render service as a common carrier or contract carrier in this Commonwealth have been filed with the Pennsylvania Public Utility Commission. Formal protests and petitions to intervene must be filed in accordance with 52 Pa. Code (relating to public utilities). A protest shall indicate whether it applies to the temporary authority application, the permanent authority application, or both. Filings must be made with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy served on the applicant by March 4, 2013. Documents filed in support of the applications are available for inspection and copying at the Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Friday, and at the business address of the respective applicant.
Pennsylvania Public Utility Commission, Bureau of Investigation and Enforcement v. Eagle Limousine & Motorcoach Inc; Doc. No. C-2013-2287507; A-00110753 COMPLAINT The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Investigation and Enforcement and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Investigation and Enforcement Prosecutory Staff hereby represents as follows:
1. That Eagle Limousine & Motorcoach, Inc., Respondent, maintains a principal place of business at 10 Malin Road, Malvern, PA 19355-1734.
2. That respondent was issued a Certificate of Public Convenience by this Commission on August 12, 1993, at Docket No. A-00110753.
3. That respondent abandoned or discontinued service without having first filed an application with this Commission for abandonment or discontinuance of service. That Enforcement Officer Anthony Bianco, duly authorized officer of this Commission, attempted to contact Respondent regarding its 2012 annual inspection. The telephone number listed on a website as 610-647-1416, but when contact was attempted, the number was listed as disconnected. The website stated Respondent's address to be 20 South Valley Road, Paoli, PA, while the address on this Commission's record states the address to be 10 Malin Road, Malvern, PA. The officer traveled to both addresses with no location showing any indication of Eagle Limousine & Motorcoach, Inc., being there. The website for Respondent was shown as http://www.eaglelimo.com/. This website was blank.
4. That respondent, by failing to file an application with this Commission prior to abandoning or discontinuing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Pa.C.S. § 1102(a)(2).
Wherefore, the Bureau of Investigation and Enforcement's Prosecutory Staff hereby requests that the Commission revoke Respondent's Certificate of Public Convenience at A-00110753.
Respectfully submitted,
David Loucks, Chief
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, David Loucks, Chief of the Bureau of Investigation and Enforcement, hereby state that the facts above set forth are true and correct to the best of my knowledge, information, and belief and that I expect that the Bureau will be able to prove same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Date: 12/18/12
David Loucks, Chief
Bureau of Investigation and EnforcementNOTICE A. You must file an answer within twenty (20) days of the date of service of this complaint. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this complaint and notice, 52 Pa. Code § 1.56(a). An answer is a written explanation of circumstances wished to be considered in determining the outcome. The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this complaint. Your answer must be verified and the original and three (3) copies sent to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265B. If you fail to answer this complaint within twenty (20) days, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty, which will include the revocation of your Certificate of Public Convenience.
C. If you file an answer which either admits or fails to deny the allegations of the complaint, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing a penalty, which may include the revocation of your Certificate of Public Convenience..
D. If you file an answer which contests the complaint, the matter will be assigned to an administrative law judge for hearing and decision.
E. If you have questions regarding this Complaint or if you would like an alternative format of this Complaint (for persons with disabilities), please contact the Compliance Office at (717) 787-1227.
ROSEMARY CHIAVETTA,
Secretary[Pa.B. Doc. No. 13-308. Filed for public inspection February 15, 2013, 9:00 a.m.]
